CDBG Contract - Near Northwest Neighbors - CDBG Activity Delivery

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COMMUNITY DEVELOPMENT PROGRAM CONTRACT Near Northwest Neighborhood, Inc. CDBG Activity Delivery Project 16-JC-84 THIS AGREEMENT is entered into this a3 day of 1A (. U S 7' _ 2016 by and between the City of South Bend, State of Indiana, by and through its Board of Public Works, for and on behalf of the Department of Community Investment (the "City"), and Near Northwest Neighborhood, Inc., (the "Agency" or "Contractor") for the CDBG Activity Delivery Project. This award is granted under CFDA 14.218, Community Development Block Grant Program, Department of Housing and Urban Development, Office of Community Planning and Development, Grant Number B-16-MC-18-0011. WHEREAS, the City has received a grant under Title I of the Housing and Community Development Act of 1974, (P.L. 93-383), as amended, from the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, pursuant to this grant, the City is undertaking certain activities; and WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such activities; NOW, THEREFORE, the City and the Agency do mutually agree as follows: 1. DEFINITIONS: As used in this Contract: A. A enc means the entity, whether public or private, which has the responsibility for administering a project or activity. B. Area means the corporate boundaries of the City of South Bend or one or more sections of the Neighborhood Revitalization Area as specifically delineated in the Scope of Services/Project Description, Appendix I, of this Agreement. C. Contractor means an entity other than an Agency (except as noted in the Labor Standards Provisions), that furnishes to the City or to an Agency services or supplies (other than standard commercial supplies, office space or printing services). D. HUD means the United States Department of Housing and Urban Development or a person authorized to act on its behalf. E. Program means the Community Development Program approved by HUD as the same may be amended from time to time. 2. SCOPE OF SERVICES/PROGRAM DESCRIPTION: The Agency shall perform all services according to the Scope of Services/Project Description attached as Appendix I and made a part of this Contract. 3. AMENDMENTS: Any revision to this Contract, including Appendices, shall be made by written amendment to this Contract and will be considered effective when approved by the City's Board of Public Works. 4. COMPLIANCE WITH APPROVED PROGRAM: All activities authorized by this Contract shall be performed in accordance with the Scope of Services/Project Description (Appendix I), the approved Budget (Appendix I), the Grant Conditions, and the relevant Department of Housing and Urban Development regulations and consistent with governing state and federal statutes, rules and regulations as well as local ordinances. S. SUBCONTRACTING: The performance covered by this Contract shall not be subcontracted, assigned or delegated without the prior written consent of the City, which may be withheld at the sole discretion of the City. 6. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more than $50,000.00 for full and complete satisfactory performance of this Contract. The City shall compensate the Agency for fulfilling this Contract as provided in accordance with the terms and conditions contained herein. 7. PROGRAM INCOME: Any gross income directly generated from the use of the award funds shall be used CDBG Program Contract Page 1